Hello. I have served in the company for 10 years, and the company does not renew the contract on the

Updated on society 2024-03-23
7 answers
  1. Anonymous users2024-02-07

    Hello, the brief reply to your question is as follows:

    For the expiration of the labor contract, the company can not renew it. The calculation of this new compensation will start on January 1, 2008, and the severance compensation will be calculated according to the number of years of service, and one month's salary will be paid for each year of service, and if it is more than six months but less than one year, it will be calculated as one year; Less than 6 months shall be calculated as half a month's salary.

    After the expiration of two consecutive fixed-term labor contracts between the employee and the employer, the employee proposes to the employer to conclude an indefinite-term labor contract, and there is no violation of discipline or incompetence, the employer has no right to choose.

    In 2010, you could ask the company to pay compensation for a foot injury on business. But in the end, it may not be supported, and legally speaking, you will face the problem of the statute of limitations has expired.

    I am also in Suzhou, if you have any questions, you can contact us again.

  2. Anonymous users2024-02-06

    You can quit voluntarily, but you can still ask for severance payments.

    It is also possible that you have signed a nine-year contract that is real, as long as you can prove that you can still claim financial compensation, and the company's regulations cannot be against the law.

  3. Anonymous users2024-02-05

    Should pay 10 + 1, this is the least, the work injury depends on the degree of injury, affect normal life, whether there is an injury level, if there is a direct request to them, if the claim is unsuccessful, only through legal channels.

  4. Anonymous users2024-02-04

    Legal analysis: 1. If the unit does not renew, economic compensation is required. 2. If the employee does not renew the visa, it will be subdivided into two situations depending on the specific situation:

    1) If the employer maintains or improves the original working conditions, but the employee still does not renew the contract, no economic compensation will be paid. (2) If the employer reduces the original working conditions and the employee does not renew the contract, the employer shall also make economic compensation.

    Legal basis: Labor Contract Law of the People's Republic of China

    Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

    If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

  5. Anonymous users2024-02-03

    Legal Analysis: Yes. At the expiration of the labor contract, severance shall be paid unless the employer maintains or improves the conditions of the labor contract and the employee does not agree to renew the labor contract.

    Legal basis: Labor Contract Law of the People's Republic of China

    Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

    1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

    2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

    3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

    4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

    5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

    6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

    7) Other circumstances provided for by laws and administrative regulations.

    Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

    If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

    The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

  6. Anonymous users2024-02-02

    Is there compensation for non-renewal of the labor contractAccording to the provisions of the Labor Contract Law of the People's Republic of China, the employer shall pay economic compensation to the employee if the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract. According to the relevant laws and regulations, when the term of the labor contract expires, the employer shall pay economic compensation to the employee, including:

    1. The employer agrees to renew the labor contract, but lowers the conditions agreed in the labor contract, and the employee does not agree to renew;

    2. The employee proposes to renew the contract, but the employer does not agree to renew it;

    3. The employee does not agree to renew the contract, and the employer does not agree to renew the contract. It can be seen that after the expiration of the contract, if one of the above circumstances falls under the above circumstances, the company is required to pay the employee economic compensation when the contract is not renewed. Relevant legal provisions:

    1. Article 44 of the Labor Contract Law provides that the labor contract shall be terminated under any of the following circumstances:

    1) The term of the labor contract has expired;

    2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law;

    3) The worker dies, or is declared dead or missing by the people's court;

    4) The employer has been declared bankrupt in accordance with law;

    5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;

    6) Other circumstances provided for by laws and administrative regulations.

    2. Article 46 of the Labor Contract Law provides that under any of the following circumstances, the employer shall pay the employee economic supplements:

    1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

    2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

    3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

    The employer terminates the labor contract in accordance with the provisions of paragraph 1 of Article 41 of this Law;

    5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

    6) The labor contract is terminated in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

    7) Other circumstances provided for by laws and administrative regulations.

  7. Anonymous users2024-02-01

    Legal analysis: If the contract is signed for one year and is not renewed at the expiration of the contract, there is compensation. If the employer proposes not to renew the visa, it shall pay the employee severance and pay one month's salary for one year of service; If an employee requests to renew an indefinite-term employment contract under Article 14 of the Labor Contract Law, and the employer refuses to renew the contract, it is illegal to pay the employee compensation and pay two months' wages for one year of service.

    Legal basis: Labor Contract Law of the People's Republic of China

    Article 14 An indefinite-term labor contract refers to a labor contract in which the employer and the employee agree on an indefinite termination time. The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation. In any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:

    1) The worker has worked for the employer for 10 consecutive years; (2) When the employer implements the labor contract system for the first time or the state-owned enterprise restructures and re-concludes the labor contract, the worker has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age; (3) Where two fixed-term labor contracts are concluded consecutively, and the labor contract is renewed without the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.

    Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker: (1) the worker terminates the labor contract in accordance with the provisions of Article 38 of this Law; 2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee; 3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; 4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; 5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract; 6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; 7) Other circumstances provided for by laws and administrative regulations.

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